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Full text of "Older Americans act, a summary : staff study"

7i 



*2d Session 55 } COMMITTEE PRINT 



OLDER AMERICANS ACT: 
A SUMMARY 



STAFF STUDY 



SELECT COMMITTEE ON AGING 

U.S. HOUSE OF REPRESENTATIVES 
NINETY-FOURTH CONGRESS 

SECOND SESSION 




U.S. GOVERNMENT PRINTING OFFICE 
75-394 WASHINGTON : 1976 



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SELECT COMMITTEE ON AGING 



RANDALL, Missouri, Chairman 

BOB WILSON, California 
WILLIAM C. WAMPLER, Virginia 
JOHN PAUL HAMMERSCHMLDT, Arkansas 
H. JOHN HEINZ III, Pennsylvania 
WILLIAM S. COHEN, Maine 
RONALD A. SARASIN, Connecticut 
WILLIAM F. WALSH, New York 
CHARLES E. GRASSLEY, Iowa 
GILBERT GUDE, Maryland 



WM. J 

CLAUDE PEPPER, Florida 
SPARK M. MATSUNAGA, Hawaii 
EDWARD R. ROYBAL, California 
FRED B. ROONEY, Pennsylvania 
MARIO BIAGGI, New York 
WALTER FLOWERS, Alabama 
IKE F. ANDREWS, North Carolina 
JOHN L. BURTON, California 
EDWARD P. BEARD, Rhode Island 
MICHAEL T. BLOUIN, Iowa 
DON BONKER, Washington 
THOMAS J. DOWNEY, New York 
JAMES J. FLORIO, New Jersey 
HAROLD E. FORD, Tennessee 
WILLIAM J. HUGHES, New Jersey 
MARILYN LLOYD, Tennessee 
JIM SANTINI, Nevada 
TED RISENHOOVER, Oklahoma 

Robert M. Horner, Staff Director 
Lyle McClain, Counsel 
Albert H. Solomon, Jr., Professional Staff Assistant 
Martha Jane Maloney, Professional Staff Assistant 
V. Bernice King, Financial Secretary 



Subcommittee Membership 

(WM. J. RANDALL, Missouri, Chairman of the full committee, and BOB WILSON, 
California, Ranking Minority Member, are members of all subcommittees, ex officio.) 

Subcommittee No. 1 — Retirement Income and Employment 

WM. J. RANDALL, Missouri, Chairman 

WALTER FLOWERS, Alabama WILLIAM C. WAMPLER, Virginia 

JOHN L. BURTON, California CHARLES E. GRASSLEY, Iowa 

MICHAEL T. BLOUIN, Iowa GILBERT GUDE, Maryland 

DON BONKER, Washington 
THOMAS J. DOWNEY, New York 

Michael W. Murray, Majority Staff 
Nancy E. Hobbs, Minority Staff 

Subcommittee No. 2 — Health and Long-Term Care 

CLAUDE PEPPER, Florida, Chairman 

IKE F. ANDREWS, North Carolina H. JOHN HEINZ III, Pennsylvania 

EDWARD P. BEARD, Rhode Island WILLIAM S. COHEN, Maine 

JAMES J. FLORIO, New Jersey 
MARILYN LLOYD, Tennessee 

Robert S. Weiner, Majority Staff 
Elliot Stern, Minority Staff 

Subcommittee No. 3 — Housing and Consumer Interests 

EDWARD R. ROYBAL, California, Chairman 
FRED B. ROONEY, Pennsylvania JOHN PAUL HAMMERSCHMIDT, Arkansas 

HAROLD E. FORD, Tennessee WILLIAM F. WALSH, New York 

JIM SANTINI, Nevada 

Jose S. Garza, Majority Staff 
Patricia Lawrence, Minority Staff 

Subcommittee No. 4 — Federal, State and Community Services 

SPARK M. MATSUNAGA, Hawaii, Chairman 

MARIO BIAGGI, New York BOB WILSON, California 

WILLIAM J. HUGHES, New Jersey RONALD A. SARASIN, Connecticut 

TED RISENHOOVER, Oklahoma 

Edward F. Howard, Majority Staff 

Robetta Bretsch, Minority Staff 



(ID 



CONTENTS 



Pase 

Title I. DECLARATION OF OBJECTIVES 



1.1 Legislative Development 1 

1.2 Objectives 2 

Title II. ADMINISTRATION ON AGING 

2.1 Establishment of Administration on Aging 2 

2.2 Duties and Functions 3 

2.3 National Information and Resource Clearing House 3 

2.4 Authorization to Appropriate (National Clearing House) 3 

2.5 Federal Council on the Aging 4 

2.6 1975 Amendments (Application of Other Laws) 4 

2.7 Administrative Reports 5 

2.8 Joint Funding of Projects 5 

2.9 Authorization to Appropriate (Administration on Aging) 5 

Title III. GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING 

3.1 Purpose 5 

3.2 Area Planning 6 

3.3 1975 Amendments: 7 

(3.310) Grants to Indian Tribes 7 

(3.320) Area Plan Requirements (Transportation) 8 

(3.330) National Priority Services 8 

(3.340) Prior Plan Requirement on Legal Services (deleted) 9 

(3.350) Apportionment Formula for State Administration 9 

3.4 Model Projects 10 

3.5 1975 Amendments (Model Project Requirements) 10 

3.6 Authorization for Appropriations (Administration of State Plans) 10 

3.7 Transportation Projects 11 

Title IV. TRAINING AND RESEARCH 

4.1 Legislative Development 12 

4.2 Training (Purpose) 12 

4.3 Training (Appraisal of Needs) 12 

4.4 Training (Attracting Qualified Persons) 13 

4.5 Training (Personnel Employed or Preparing for Employment) 13 

4.6 1975 Amendments (Training) 13 

4.7 Research and Development 13 

4.8 Transportation (Special Study; Demonstration Projects) 14 

4.9 Multidiscipl inary Centers of Gerontology 14 

4.10 Authorization to Appropriate (Training and Research) 15 

Title V. MULTIPURPOSE SENIOR CENTERS 

5.1 Purpose 15 

5.2. Acquisition, Alteration, Renovation 15 

5.3 Authorization to Appropriate (Acquisition, etc.) 16 

5.4 Mortgage Insurance 16 

5.5 Authorization to Appropriate (Mortgage Insurance) 16 

5.6 Annual Interest Grants 16 

5.7 Authorization to Appropriate (Annual Interest Grants) 17 

5.8 Initial Staffing 17 

5.9 Authorization to Appropriate (Initial Staffing) 17 

Title VI. REPEALED TITLE VI; (FORMERLY NATIONAL OLDER AMERICANS 

VOLUNTEER PROGRAM) 17 

Title VII. NUTRITION PROGRAM FOR THE ELDERLY 

7.1 Administration 18 

7.2 Allotment of Funds 18 

7.3 State Plans 18 

7.4 Program Requirements 19 

7.5 Surplus Commodities 19 

7.6 1975 Amendments 20 

7.7 Appropriations Authorized 20 



(III) 



(IV) 



Paae 



TITLE VIII. (REPEALED TITLE VIII; FORMERLY THE "GENERAL" TITLE) 20 



TITLE IX. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT ACT 

'9.1 Legislative Development 21 

9.2 Project Qualifications, Matching Funds 21 

9.3 Administration 22 

9.4 Interagency Cooperation 22 

9.5 Apportionment of Federal Funds 22 

9.6 Authorization to Appropriate 23 

9.7 1975 Amendments 23 

CONCLUSION 25 

FOOTNOTES 27 

APPENDIX I 33 



OLDER AMERICANS ACT: A SUMMARY 1 * 



TITLE I. DECLARATION OF OBJECTIVES 

1.1 Legislative Development 

Most Federal agencies administer programs that are confined to a single category 
of activity. For some housing is the exclusive interest. Others devote substantially 
all of their time to transportation, welfare, education or other statutorily declared 
and approved objectives. In order to function effectively, it was early recognized 
that a Federal agency that would be of service to the elderly could not confine its 
activities to a single concern. Thus when the Administration on Aging was brought 
into existence, the Agency objectives were broadly stated to make them coextensive 
with the diverse concerns of the clientele that would be served. 

The idea for a special Federal agency to serve the elderly was an outgrowth of 
the 1961 White House Conference on Aging. After the conference was concluded, the 
Special Staff on Aging in the Office of the Secretary of Health, Education, and 
Welfare began drafting legislation that would bring into existence a program that 
would be devoted to improving the quality of life for older Americans.^ The legis- 
lative vehicle that made both the program and the administering organization a reality 
is the Older Americans Act of 1965. ^ a Representative John Fogarty of Rhode Island and 
Senator Pat McNamara of Michigan were the principal sponsors of the legislation. The 
bill as passed by Congress was signed into law by President Johnson who said that the 
Older Americans Act "clearly affirms our Nation's high sense of responsibility toward 
the well-being of older citizens. .. Under this program, every State and every community 
can move toward a coordinated program of both services and opportunities for older 
citizens." 4 On October 26, 1965, President Johnson appointed William D. Bechill as 
the first Commissioner of the Administration on Aging. Currently Dr. Arthur S. Flemming 
is Commissioner of the Administration on Aging. 

After the Older Americans Act became law in 1965, Congress periodically reexamined 
the program to see if it was producing the benefits that were intended. In some years 
Congress thought that a tuneup was all that was needed. In other years, as in 1973, a 
major overhaul of the program was undertaken. In all the Act has been amended six 
times, most recently in 1975. ^ 



Footnotes at end of summary. 



(1) 



2 



1.2 Objectives 

Generally the Older Americans Act is directed to giving older Americans oppor- 
tunities for full participation in the benefits of our democratic society. A ten- 
point program to assist older Americans is envisioned by the Act. As stated in the 
Act, the objectives are to assist older people to secure the full and free enjoy- 
ment of:^ 

1. An adequate income 

2. The best possible physical and mental health 

3. Suitable housing 

4. Full restorative services 

5. Employment without age discrimination 

6. Retirement in health, honor and dignity 

7. Participation in civic, cultural, and recreational activity 

8. Community service 

9. Immediate benefit from research 
10. Freedom and independence 



TITLE II. ADMINISTRATION ON AGING 
2.1 Establishment of Administration on Aging 

Congress intended to establish an Agency with high visibility to administer the 
Older Americans program. But as late as 1973 disappointment was expressed with the 
organizational arrangements made by the Department of Health, Education, and Welfare, 
and there was more than a suggestion that Congressional intent had been subverted. 
The Administration on Aging had been grouped with the Social and Rehabilitation Service 
with the Commissioner on Aging reporting to the Administrator of the Social and 
Rehabilitation Service. It was also thought inappropriate that the non-welfare 
orientated programs of the Administration on Aging should fall within the organizational 
arrangements of an Agency that is generally regarded as a welfare agency. An erosion 
of the Commissioner's authority over administration of the Older Americans' program 
was also noted. The Title IV Research and Demonstration Program had been placed 
under the Associate Administrator of the Social and Rehabilitation Service; the 
Title VI Retired Senior Volunteer Program and Foster Grandparent Program had been 
moved to the new Action Agency, and many of the operational responsibilities for 
Title III had been delegated to the Social and Rehabilitation Service regional offices. 
Thus as late as 1971, an Advisory Council to the U. S. Special Committee on Aging 
reported that: 

"...the AoA falls far short of being the Federal 'focal point on 
aging' sought by Congress. Instead its concerns are splintered and 
scattered; there are limited, if any, policies and few clear-cut 
goals. Recent reorganizations have not strengthened Federal programs 
and commitment in aging in any way. Rather, they have fragmented an 
already flawed and feeble agency still further. This situation has 
created chaos as well as a lack of direction in Federal and State 
programs. " 7 



3 



To strengthen the Commissioner's position, Congress included in the 1975 
Amendments language prohibiting delegation of the Commissioner's functions to any 
officer not responsible to the Commissioner, and providing that the Commissioner would 
be responsible only to the Secretary of Health, Education, and Welfare. 8 



2.2 Duties and Functions of the Administration on Aging 

A detailed description of the duties and functions of the Administration on Aging 

is included in the Act. Sixteen categories of activities for performance by the 
Administration are mentioned. With respect to matters concerning the aged and involvements 
of aging, the administration is directed to:^ 



1. Serve as a clearinghouse for information 

2. Administer grants 

3. Develop plans, conduct and arrange for research 

4. Assist the Secretary of Health, Education, and Welfare 

5. Provide technical assistance and consultation services 

6. Prepare, publish, and disseminate materials 

7. Gather statistics 

8. Stimulate more effective use of resources and services 

9. Develop policies and set priorities 

10. Coordinate Federal programs and activities 

11. Coordinate and assist in planning and development by public 

and private non-profit organizations to establish a nationwide 
network of comprehensive services 

12. Hold conferences of public and nonprofit private organizational 

officials 

13. Develop and operate programs not otherwise provided by 

existing programs 

14. Continually evaluate programs and activities, paying particular 

attention to Medicare, Medicaid, Age Discrimination Act of 1967, 
and the National Housing Act 

15. Provide information and assistance to private non-profit organizations 

16. Develop plans for education and training, and in consultation with 

the Director of Action, encourage the participation of voluntary 
groups including youth organizations 



2.3 National Information and Resource Clearing House 

As contemplated by the Act, the Commissioner would establish and operate a 
that 

National Clearing House/would provide information to older persons directly or through 
State information and referral sources on a wide range of subjects pertaining to 
the aged, aging processes, or of interest to older people. The Commissioner would 
also arrange for the coordination of information and referral activities of other 
departments and agencies of the Federal government having information relevant to 
older persons. 1 ^* 



2.4 Authorization to Appropriate Funds for National Clearing House 

Authorization is extended to appropriate funds to carry on the functions of the 
National Clearing House. 11 The 1975 Amendments to the Older Americans Act extended 
authorization for the program through fiscal year 1978. 



4 



2.5 Federal Council on the Aging 

The 1973 Amendments authorized the establishment of a Federal Council on the Aping 
to consist of 15 members appointed by the President, with the advice and consent of the 
Senate for terms of 3 years, for the purposes of advising the President on the needs 
of Older Americans and assisting the Commissioner in appraising the need for personnel 
in the field of aging. ^ In addition to advising the President and the Commissioner, 
the Federal Council on Aging has extensive duties relating to review and evaluation 
of policy and programs affecting older people, serving as a spokesman for the elderly, 
informing the public, and providing forums for discussing and publicizing problems. Not 
later than March 31st of each year, the Council is required to submit a report to the 
President, who is required to furnish a copy to Congress, on its findings and recom- 
mendations. The Council is also directed to undertake a study of the interrelationship 
of Federal, State and local benefit programs for the elderly, and to undertake a study 
of the combined impact of all taxes on the elderly. (Sec. 205h) Originally the study 
was to be completed within 18 months of the date of enactment of the 1973 Amendments. 
Several extensions were granted to complete the study. A report of 64 pages, together 
with appendices, encompassing the results of both of these studies was submitted by 
the Federal Council in 1976, and is now available through the United States Government 
Printing Office. 

The Council was also directed to undertake a study, and submit a report, on the 
formula for apportioning Federal funds to the States for area planning and social 
services under Title III. (Sec. 205i) This study was completed, and the results 
incorporated into a report of the Federal Council on Aging dated December 30, 1974. 

2.6 1975 Amendments (Application of Other Laws) 

Sec. 102 of the 1975 Amendments (PL 94-135) added a new provision (Section 211) 
to the Act. This new provision states that the Act of December 5, 1974 (PL 95-510; 
88 Stat. 1604) shall not apply to the administration of the Older Americans Act or to 
the administration of any program or activity under the Act. The Act of December 5, 
1974, mentioned in new Section 211, is the Joint Funding Simplification Act, which 
absent the exclusion added to the Older Americans Act by new Section 211, would allow 
the transfer of programs from one Federal Agency or Department to another Federal 
Agency or Department by mutual agreement reached between the Federal agencies. In 
the Conference Report (HR 94-670) that accompanied the 1975 Amendments, the conferees 
explained their reasons for the Section 211 addition to the Act by saying at page 36: 



5 



The amendment made by the conference substitute is included to 
reaffirm the intent of the Older Americans Act that the Administration 
on Aging be the focal point and advocacy point for aging within the 
Federal government. Permitting the Commissioner on Aging to enter 
into such agreements which could result in a transfer of program and 
financial authority for Older Americans Act programs from the Admini- 
stration on Aging to another Federal agency would seriously erode the 
purpose of the Act. " 

2.7 Administrative Reports 

Annually the Secretary of Health, Education, and Welfare is to make available 
to Congress and to the public the results of evaluative research conducted under the 
Act, and his findings and conclusions on the effectiveness of programs and projects 
conducted under the Act (Sec. 207(d)). Not later than 120 days after the close of 
each fiscal year, the Commissioner is to submit an annual report on activities carried 
out under the Act (Sec. 208). 

2.8 Joint Funding of Projects 

Where Federal funds are provided for a single project by more than one Federal 
agency--to any agency or organization assisted under the act--the Federal agency 
principally involved may be designated to act for all in administering the funds, if 
such arrangements conform to regulations prescribed by the President, and are 
consistent with other provisions of the Act (Sec. 209). This provision was added 
to Title II by the 1973 Amendments. The language of this provision is in many respects 
similar to the language of former Section 805, Title VIII. Title VIII was repealed 
by the 1973 Amendments. Although the new provision is patterned on former Section 
805, the qualification that joint funding principles be employed only where "consistent 
with other provisions of the Act" was added in 1973. Other language of this provision 
makes it clear that where more than one Federal agency is supplying funds to a project, 
a single non-Federal share may be established, and any technical requirements of any 
Federal agency inconsistent with those of the administering Federal agency may be waived. 

2.9 Appropriation Authorization for Administration on Aging 

Such sums as may be necessary are authorized to be appropriated for the Admini- 
stration on Aging's functions in carrying out the purposes of the Act. (Sec. 206(c)). 

TITLE III. GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING 
3.1 Purpose 

Amendments that became law in 1973 completely revised Title III of the Older 
1 3 

Americans Act. Extensive revisions were made to give State Agencies on Aging a 
more dynamic role in solving the problems and meeting the needs of older people. 
Motivation for the amendments is summed up in this House Report comment that accompanied 
the bill (H.R. 71) on which the amendments are based: 



G 



"The purpose of this new Title III would be to encourage and assist State 
or local agencies to concentrate resources in order to develop greater 
capacity for, and foster the development of comprehensive and coordinated 
service systems to serve older persons by entering into new cooperative 
arrangements with each other and with providers of social services for 
planning for the provision of, and providing, social services and, where 
necessary to reorganize or reassign functions, in order to 
— secure and maintain maximum independence and dignity in a home 

environment for older persons capable of self-care with appropriate 

supportive services; and 
— remove individual and social barriers to economic and personal 

independence for older persons." 14 

Even before the enactment of the 1975 Amendments to Title III, the effects of 

Title III funds under the old program were being felt at the local level. With the 

assistance of Title III money nearly all the States and Territories had prior to the 

1973 Amendments established state offices on aging, and 395 local agencies on aging had 
15 

been funded. In 1972 there were about one million persons being served by over 1,500 
projects funded under Title III. More than 300 community programs were designed to 
maintain independent living arrangements for the elderly, and 466 programs were being 
conducted that involved older volunteers. To help provide a balanced diet, meals or 
home delivered meals were being served to 60,000 to 70,000 older persons. Attention 
was being directed to the transportation needs of the elderly through 428 projects, 
some having as their principal purpose the actual furnishing of transportation to the 
elderly and others involving transportation only as a component of the program. Health 
and health-related services were being delivered through 337 projects designed to make 
available nurses and ir-home health aides for the home-bound elderly. State agencies 
drawing on Title III funds provided support for 623 senior centers that were being 
operated in public low-rent housing, churches, public and private buildings and 
institutions. Among their accomplishments these senior centers listed the training of 
14,708 elderly for employment that provided opportunities for an active role in 
community life. 

Consequently it was in a climate of some already proven successes that Congress 
was considering amendment of the Title III program. As modified by the 1973 Amendments 
the law is directed to building upon and expanding the accomplishments of the old 
program by designing a system that would hopefully act as a more effective catalyst in 
drawing upon and organizing local resources to make living conditions better and improve 
the quality of life for older people. 

3.2 Area Planning and Social Service Program 

As a result of the 1973 Amendments each State is required to adopt a plan for 
supplying social services to the elderly that meets criteria set out in the Act. 16 
A single agency must be designated as the sole State agency charged with the development 

and administration of the State plan.^ 



7 



Further engrafted upon the Act is a requirement that the State Agency determine 
the areas for which an area plan will be developed, and a public or nonprofit private 
organization must be designated as the area agency on aging to serve such area. 1 ^' 
In turn the Area Agency on Aging must develop an area plan that complies with the 
requirements of the Act, and which must be submitted to the State Agency fcr approval.' 9 
To help with the operational expenses of the Area Agency, the State Agency contributes 
to the support of the Area Agency, and thp State Agency determines how much of the funds 
allotted to the State are to be apportioned among the various planning and service areas. 

Those areas for which a plan has been developed will need, and will receive more 

favorable funding from the State Agency; and funds can be made available to them on a 

matching basis of 90% Federal to 10% non-Federal as compared with 75% Federal and 25% 

non-Federal in areas that have not been selected for development of an area plan. Not 

more than 15% of the State's allotment for area planning and social services can be 

used for the cost of administration of area plans, and not more than 20% of such 

allotment can be used for social services that are not delivered as a part of a 

?l 

coordinated and comprehensive system for which there is an area plan. 

Area Agencies on Aging are not usually direct providers of services. As to 

functions that might properly be performed by Area Agencies, the following comment 

extracted from the report of the Senate Committee that held hearings on the 1973 

Amendments is illustrative: 

"It is not intended, however, that the area agencies on aging shall 
be primary providers of services. In many communities existing 
organizations may already be engaged in providing services and the 
entry of the area agencies into the position of providing services is 
likely to result in duplication and overlap. Their primary concern 
must be to coordinate existing services and to stimulate the expansion 
of such services and the introduction of new services by other providers. 
State and area agencies alike are authorized to provide services though 
when it is determined, in the judgment of the state agencies, that such 
action is necessary to assure an adequate supply of services. "22 

3.3 1975 Amendments to Title III 

3.310 Grants to Indian Tribes 

Again in 1975 extensive changes were made in Title III. It was sensed that not 
enough attention was being given to Indians as potential participants in programs for 
the aged. A provision was added to the law which in part provides that if the 
Commissioner determines that members of an Indian tribe are not receiving benefits 
under Title III which are equivalent to benefits provided to other older persons in 
the State or Area involved, and further determines that they would be better served 



s 



by direct Federal grants, a proportionate sum of the States allotment (in accordance 
with a prescribed formula) shall be reserved by the Commissioner to make grants to 
the tribal organization, or other entity having the capacity to provide services 
under Title III. 

3. 320 Area Plan Requirements (Transportation) 

Both the House and Senate recognized that the transportation needs of the elderly 
were generally provided only on an uncoordinated and fragmented basis, and that 
eligibility requirements of other Federal programs might make it difficult to integrate 
these other programs with transportation programs being conducted under Titles III and 
VII of the Older Americans Act. Nevertheless, to the extent that such pooling might 
be possible, the legislative committees thought that transportation components available 
in various programs should be brought together. With this thought in mind, a provision 
was added to Title III that authorized State and Area Agencies to enter into agreements 
with agencies administering programs under the Rehabilitation Act of 1973, and 
Titles VI, XIX, and XX of the Social Security Act for the purpose of developing and 
implementing plans for meeting the common need for transportation services of persons 
receiving benefits under such Acts and older persons participating in programs under 
Titles III and VII of the Older Americans Act. 23 

3. 330 National Priority Services 

Four national priority areas (transportation, home care, legal services, and 

home renovation and repair) are established by the 1975 Amendments to the Act. 24 

As to the manner of providing such services, it seems clear that Congress did not 

intend that services in the priority areas be provided directly by Area Agencies on 

Aging. On this point the conferees said: 

"The conferees wish to stress that requiring the funds allotted to 
a State be used for these purposes does not mean that State and area 
agencies on aging must provide them directly. Their funds may continue 
to be used for stimulating and coordinating the provision of services 
so long as the required amounts are used in the four service areas 
described above. Moreover, area agencies are required by an amerdment 
to section 304(c)(2) of the Act to develop their area plans consistent 
with the provision of the State plan regarding the four national 
priority service areas. "25 

Interest in concentrating more resources in the four priority areas was apparently 

stimulated by the results of a Congressional Research Survey. The survey showed that 

some States had not devoted much effort to supplying transportation, homemaker, 
home 

legal, and /repair and renovation services. The conferees summarized the results of 
the survey by saying: 



9 



"Finally, the conferees note that the conference substitute is based in 
part upon a survey taken by the Congressional Research Service at the 
direction of the House Committee on Education and Labor. The survey 
inquired of State agencies on aging as to how their funds are being used. 
With 49 of 56 States and jurisdictions responding, it was found that 10 
States are currently spending less than 20 percent of their funds in the 
four priority areas designated in the House bill. Eight states are spending 
more than 20 percent but less than 33-1/3 percent. Thirty-one of the States 
are already spending more than 33-1/3 percent of their State plan allotment 
to provide the four priority services and thus presumably will not be 
affected by the conference substitute language. Many of the States that 
are spending heavily in these four areas are concentrating their resources 
primarily on transportation for the elderly. While the conferees are in 
agreement that transportation is a vitally important service to older 
people, it is hoped that all States will also expand their activities to 
cover the other three priority services as well, to the extent that 
funds permit. "26 



3. 340 Deletion of Prior Plan Requirement on Legal Services 

Prior to the 1975 amendments, the Act required Area Agencies on Aging where necessary 

and feasible, to enter into arrangements to provide legal services to older persons 

27 

residing in the planning and service area. Because other provisions for meeting the 

needs of the elderly for legal services were made in the 1975 amendments, the language 

directing the provision of legal services where "necessary and feasible" was no longer 

pa 

considered appropriate, and was deleted. 



3.350 Apportionment of Funds for Administration of State Plans: Minimum Allotment 

Federal funds for administration of State plans are apportioned in accordance with 
a formula. Each State that has adopted a State plan is allowed from the funds appro- 
priated a percentage that is based on the ratio of the State's population aged 60 or 
over to the population aged 60 or over in all States. In the 1973 amendments a 
provision was added that entitled each State to receive for State administration at 
least one-half of 1% or $160,000 (even though the State may have been entitled to less 

under the apportionment formula). ^ The 1975 Amendments changed the minimum for State 

31 

Administration to $200,000. Other language of the 1975 Amendments provided that in 
any fiscal year no State shall receive from Federal funds for administration of its 
State plan less than its 1975 allotment; and further provided that if additional funds 
are needed for State administration, the Commissioner may, if certain conditions are 
met, approve the use of additional funds for State administration even though such funds 
would normally be available under Sec. 303 only for other purposes. ^ The Commissioner's 
discretionary authority to approve the use of additional funds is subject to the 
limitation that any additional amount that the Commissioner may elect to approve for 
State administration cannot exceed three-quarters of 1 = : : of the amount of the State's 
allotments under Section 303(b) (planning and social service program) and Section 703(a) 



75-394 O - 76 - 2 



10 



(nutrition program). The Act has always required a contribution from the State to pay 
part of the cost of State Administration. Since 1969 Federal funds may be used to pay 
no more than 75% of the cost of State Administration. 33 

3.4 Model Projects 

The Committees having legislative jurisdiction over the Older Americans Act 
recognized that there was a need for special projects, in addition to projects being 
operated by the States and by Area agencies. Prior to the 1973 amendments, provisions 
for model projects were included under Sec. 305 of the Act (Areawide Model Projects). 
The 1969 Amendments authorized the Commissioner to make grants for model projects 
"upon such terms as he deemed appropriate" while the 1973 amendments interjected the 

34 

requirement that such grants should be made "after consultation with the State agency." 
Model project grants could be made only to the State agencies under the 1969 Amendments, 
but the 1973 Amendments broadened the eligible group to include public or nonprofit 
private agencies or organizations. Matching funds for model projects were required 
under the 1969 Amendments with the Federal share not to exceed 75% of the project cost, 
but the 1973 amendments eliminated the matching requirement. Up to the time of the 
1973 Amendments, no target areas were specified for model projects, however, the 1973 
amendments named four areas of concentration, (1) special housing needs, (2) continuing 
education, (3) preretirement education, and (4) services that meet particular needs of 
physically and mentally impaired older persons. 3 5 

3.5 1975 Model Project Requirements 

Three additional objectives for model project funds are named in the 1975 
Amendments. 36 These objectives are: 

1. "ombudsmen services for residents of nursing homes", 

2. needs of those "not receiving adequate services under other provisions" 
of the Act with emphasis on the needs of low income minorities and the 
rural elderly, and 

3. assisting older persons to maintain independent living arrangements by providing 
assistance for senior ambulatory care day centers, and maintaining or initiating arrange- 
ments with the Agency of the State Lhat administers or supervises the State Plan under 
Title XIX (Medicaid). 36 

j. 6 Authorization for Appropriations 

From 1969 until the 1973 Amendments, the Act contained separate clauses to 
authorize appropriations for (1) project support, and (2) for planning, coordination, 
evaluation and administration of State plans. The 1973 Amendments placed these 



11 



authorizations for appropriations in a single clause, Section 303, covering both the 
funding of (1) social services under Area plans, and (2) the expenses of State 
administration. Another Section of the Act, Section 306, refers batk to Section 303 
in citing appropriation authority for "Planning, Coordination, Evaluation and Admini- 
stration of State Plans". Thus it is necessary to refer to Section 303, the general 
appropriation authorization clause for Title III, to find appropriation authority for 
Section 306, State administration. 

37 

Funds for State administration are distributed in accordance with a formula, 
and certain limitations are placed on the use of these Federal funds. For instance, 

such percentage as the State agency determines, but not more than 75 percentum of the 

38 

cost of administration of the State plan may come from Federal funds. 

Federal funds allotted for State administration, which are not used for admini- 
stration of the State plan, may be used by the State to cover part of the cost of 

39 

administration of Area plans. If the Commissioner determines that all of a State's 

allotment will not be needed for a particular year, the part that will not be needed 

may be apportioned among other States in accordance with the formula provided for such 

distribution.^ Federal funds to help support area plans for social services are also 

allocated among the States as provided by a statutory formula. ^ As contemplated by 

the Act, the State will decide what amount of funds from its Federal allotment should 

be apportioned to each planning and service area. Written into the law, however, are 

certain restrictions that limit the amount that can be spent for administrative costs, 

and also limits the amount that can be spent for social services that are not made 

42 

available as a part of an area plan. With respect to each category of activity 
(administrative, social services) carried on in a planning and service area, only a 
percentage of the costs may be absorbed by Federal funds, and the law specifies what 
that percentage is.^ 

Authorization for appropriation of funds to carry out the purposes of the Act have 
been available since the Act's inception, with a gradual escalating--of the amounts 
authorized, however, within the past few years amounts actually appropriated for 
functions of the Older Americans Act have remained fairly static. ^ 

3.7 Transportation Projects 

The 1974 Amendments added a special program to help solve some of the trans- 
portation problems, and meet some of the transportation needs of older people. ^5 
Similar to other grant provisions of the Older Americans Act, this program also 
requires a local contribution to match a Federal contribution of 75%. Sums appro- 
priated for transportation projects under this Section are to be apportioned to the 



12 



States in accordance with the Title III distribution formula (Sec. 303(b) of the Act). 

Unlike other Title III programs that have a common source of authority for making 

appropriations, this transportation program has a separate clause authorizing appro- 

46 

pnations for special projects. 



TITLE IV. TRAINING AND RESEARCH 

4.1 Legislative Development 

The authors of the Older Americans Act believed that older people must frequently 
draw upon kinds of services that are necessitated by their own peculiar conditions and 
circumstances. Services of this character were not always generally available. And 
the framers of the legislation wished to fill this void by establishing a program 
that would encourage those looking for careers to acquire the kinds of skills that would 
be beneficial to the elderly. 

At the time of the 1973 Amendments to the Act, research and development programs 
were covered under Title IV, and training activities under Title V. Because these 
programs were closely related, it was decided to bring both "research" and "training" 
under Title IV. The new Title IV was then divided into three parts, Training, Research, 
and Multidisciplinary Centers of Gerontology. In the 1967 Amendments a study was 
authorized of the need for trained personnel in the field of aging. Results of the 
study pointed up the necessity for multidisciplinary centers of gerontology, both to 
provide higher visibility to the field of aging, and to afford opportunities for those 
acquiring skills that are helpful to older people to have some contact with their 
clientele during training and to acquaint themselves with the personnel and facilities 
that serve older people. ^ Motivated at least in part by these considerations, and 
perhaps in part by similar recommendations made by the 1971 White House Conference on 
Aging, Congress in 1973 decided to add multidisciplinary centers of gerontology as a 
Title IV program to be supported by Federal fundi ng.^ 

4.2 Training (Purpose) 

The training program is intended to improve the kinds of services that are needed 
by the elderly. And in this area a variety of approaches is contemplated by the 
legislation, some designed to draw people into the field of aging, and others directed 
to promoting education, broadening and perfecting the kinds of skills that are most 
beneficial to the elderly. 

4.3 Training (Appraisal of Needs) 

The Commissioner is required to appraise the needs of skilled personnel in the 

field of aging, and, as a part of the Administration's annual report, to publish his 
en 

findings. 



13 



4.4 Training (Attracting Qualified Persons) 

To encourage entry into the field of aging, the Commissioner may make grants to 

public or nonprofit private agencies, organizations, or Institutions. The grantees 

may employ a variety of means to achieve their objective, including the dissemination 

of materials, publicizing opportunities, and the use of part-time assignments for 

craftsmen, artists, and scientists to Induce them to apply at least a part of their 

51 

talents and skills in ways that help older people. 

4.5 Training Programs for Personnel 

To further the purposes of the training program, grants may be made by the 
Commissioner to appropriate organizations, Institutions, and agencies to assist them 
in teaching personnel employed or preparing for employment in fields related to the 
purposes of the Older Americans Act. 52 

4.6 1975 Amendments (Training) 

For the purposes of attracting qualified persons to the field of aging, the 1975 
amendments made it clear that higher educational Institutions may have programs 
of less than 4 years and still be eligible for grants from the Commissioner. As amended 
1n 1975, the Act provides that any school is eligible under the Act which provides "not 
less than a 1 year program" of training to prepare students for gainful employment 1n 
a recognized occupation. 53 

The Senate Report that dealt with the 1975 Amendments expressed concern about 
"the Administration's efforts to phase out longterm training programs." Language was 
added to the Act specifying that the Commissioner may make grants to assist those 
pursuing "post-secondary education courses of training or study related to the purposes 
of the Act." 53a 

Authority was also added by the 1975 Amendments for the Commissioner to make 
grants for the training of lawyers and paraprofessionals to provide legal (including 
tax and financial) counseling and services to older persons, the training of personnel 
to monitor the administration of programs affecting older persons, and the training 
of persons associated with public or private nonprofit agencies to identify and develop 
solutions to problems affecting older persons. ^ D 

4. 7 Research and Development 

At the discretion of the Commissioner, a wide variety of research projects to 
benefit the elderly may qualify for federal assistance, including projects that are 
intended to identify wholesome and harmful factors in the environment of older people 



■ 



14 



promote the enrichment of their lives, aid in the coordination of community services, 
improve community services, and make available better methods of dealing with problems 
of the elderly. 5 4 

4.8 Special Study and Demonstration Projects on Transportation 

An all too pervasive problem of the elderly has been the unavailability of trans- 
portation. Inaccessibility frequently prevents older people from reaching even those 
services that are particularly targeted for them. The 1971 White House Conference on 
Aging pointed up the need for ways to increase the mobility of older people. In response 
Congress in 1973 added to Title IV of the Older Americans Act a separate section 
authorizing a study, and demonstration projects on methods that might be employed to 
expand the transportation capability for older people. ^ Incident to the study, the 
Commissioner is required to consult with the Secretary of Transportation and the 
Secretary of Housing and Urban Development, and the Commissioner is also directed 
to conduct a series of research and demonstration projects in coordination with the 
Secretary of Housing and Urban Development and the Secretary of Transportation. At 
least half of the projects were required to be conducted in a predominantly rural 
area. ^ Not later than January of 1975, the Commissioner is required to transmit the 
results of the study to the Secretary of Health, Education, and Welfare, the President, 
and Congress. ^ 

4.9 Multidisciplinary Centers of Gerontology 

Federal support of multidisciplinary centers of gerontology was a recommendation 
of the 1971 White House Conference on Aging. It seems probable that the 1971 recom- 
mendation, at least in part, motivated Congress to make provisions for multidisciplinary 
centers of gerontology in the 1973 Amendments. Under the 1973 Amendments the 
Commissioner is authorized to make grants for the purpose of establishing or supporting 

CO 

multidisciplinary centers of gerontology. In describing the contribution that these 

centers might make, the House report that accompanied the prospective legislation 

(H.R. 71) says: 58a 

"The multidisciplinary centers authorized by this bill would: recruit 
and train personnel; conduct research into a variety of matters which 
affect the elderly, ranging from education to living arrangements; 
provide consultation and technical assistance regarding the planning 
of services for older persons; act as a repository of information 
related to its area of basic and applied research, encourage the 
incorporation of aging information into the teaching of biological, 
behavioral and social sciences in institutions of higher education; 
develop and operate short course training sequences for staff of State, 
area and local aging agencies; develop training programs on aging in 
schools of social work, public health, health care administration, 
education; and create opportunities for multidisciplinary efforts in 
teaching, research and demonstration projects related to aging. 



15 



4.10 Authorization of Appropriations—Part D 

Part D contains all of the authorization to make appropriations for the principal 
parts of Title IV, Training (Part A), Research and Development (Part B), and Multi- 
disciplinary Centers of Gerontology (Part C). Such sums are authorized for appropriation 

59 

as may be necessary. 

TITLE V. MULTIPURPOSE SENIOR CENTERS 

5.1 Purpose 

According to the authors of Title V, the purpose of the "senior centers" federal 
assistance program is "to provide a focal point in communities for the development and 
delivery of social services and nutritional services designed primarily for older 
persons. The term "multipurpose senior center" means "a community facility for 
the organization and provision of a broad spectrum of services" including health, 
social, nutritional, and educational services for the benefit of older persons. 
Developed in Title V are four concepts to promote senior centers. One of the concepts 
is concerned with providing grants for the alteration, acquisition, and renovation of 
senior centers. A second concept also included in Part A of Title V is intended to 
authorize the use of federal mortgage insurance to guarantee loans on senior centers. 
The third concept, also finance-related, is directed to reducing the mortgage interest 
payments on loans by allowing the Commissioner to pay a part of the interest that the 
Senior Center would be required to pay. The fourth concept (Part B of Title V) involves 
an authorization to the Commissioner to make grants to help with the initial staffing 
costs of senior centers. Each of these concepts will be discussed in more detail in 
subsequent paragraphs. 

5.2 Acquisition, Alteration, or Renovation of Multipurpose Senior Centers 

To assist with the establishment and continuation of "senior centers", the 
Commissioner is authorized to make grants to units of local government, public and 
private nonprofit agencies and organizations, and to enter into contracts, to pay 
not to exceed 75% of the cost of acquiring, altering or renovating existing facilities. 
Grants or contracts in any one State shall not exceed 10% of the total amount appro- 
priated for the year. Before making grants or contracts, the Commissioner is required to 
obtain reasonable assurances that the facility will be used as a senior center for at 
least 10 years. Applications must also contain assurances that those performing work 
on the facility will be paid not less than the prevailing labor rate as determined by 
the Secretary of Labor in accordance with the Davis-Bacon Act (40 USC 276a--276a5) . 
The Commissioner is directed in making grants and entering into contracts to give 
preference to areas where a comprehensive and coordinated system for delivery of services 



16 



to older people is being developed under Title III. 6 ' if within 10 years after 
receiving a grant or entering into a contract, the agency or organization loses its 
non-profit character, or the facility ceases to be used for the purpose for which it 
was acquired, a provision in Title V enables the United States to recapture its 
payments." 

5.3 Authorization for Appropriations for Acquisition, Alteration, Renovation 

For acquisition, alteration, and renovation of "multipurpose senior centers" as 

contemplated in Title V, there are authorized to be appropriated such sums as may be 
66 

necessary. 

5.4 Mortgage Insurance for Multipurpose Senior Centers 

To make available urgently needed facilities for programs for the elderly, the 
Secretary of Health, Education, and Welfare is authorized to insure mortgages on "new 
multipurpose senior centers," and their equipment, in accordance with terms and 
conditions established by him.^ 7 Amount of the principal obligation being insured 
may not exceed $250,000.68 The Secretary has authority to fix the amortization terms, 
and must determine and collect a mortgage insurance premium. ^ Interest shall be at 
a rate not in excess of the amount that the Secretary finds necessary "to meet the 
mortgage market." 7 ^ In administering this section, the Secretary of Health, Education, 
and Welfare is given certain functions, powers, and duties identical to those exercised 
by the Secretary of Housing and Urban Development under Title II of the National 
Housing Act, and some of the subsections of the National Housing Act are to be applied 
in carrying out this mortgage insurance program for multipurpose senior centers. 7 ^ 
Incident to administration of the mortgage insurance provisions, a MULTIPURPOSE SENIOR 
CENTER INSURANCE FUND (a revolving fund) is to be brought into existence. 72 

5.5 Authorization for Mortgage Insurance for Multipurpose Senior Centers 

To provide initial capital for the Multipurpose Senior Center Insurance Funds, there 

73 

are authorized to be appropriated such sums as may be necessary. 

5.6 Annual Interest Grants 

The Secretary may make annual interest grants to reduce for the borrower the expense 

of maintaining loans incurred in connection with the acquisition, alteration, or 

renovation of senior centers. 74 The period for which such arants shall be made shall 

75 

not exceed 40 years. The interest grant cannot exceed the difference between the 



amount required to service the loan and the amount that would be required if the loan rate 

may 



were 32. 76 No State may receive more than J»g2 of the funds appropriated. 



17 



5.7 Authorization for Annual Interest Grants 

Such sums as may be necessary are authorized to be appropriated for annual 
interest grants.^ Contracts for annual interest grants may not exceed the amount 
authorized by the appropriation.' 

5.8 Initial Staffing of Multipurpose Senior Centers (Sec. 511(b)) 

To assist with the cost of initial staffing of "senior centers," the Commissioner 
is authorized to make grants. Grants may not be for a lonaer period of time than 3 
years. The amount of Federal assistance for initial staffing is decreased with each 
year of operation, and is limited to 75% for the first year, 66 and 2/3% for the 
second year, and 50% for the third year. 

5.9 Authorization for Initial Staffing of Senior Centers 

Such sums as may be necessary are authorized to be appropriated for "initial 

79 

staffing of senior centers." 

TITLE VI. REPEALED (FORMERLY NATIONAL OLDER AMERICANS VOLUNTEER PROGRAM) 

Title VI of the Older Americans Act, formerly "National Older Americans Volunteer 
Program," was added to the Act by the 1969 Amendments (Public Law 91-69, 9/17/69). 
Title VI was repealed by the "Domestic Volunteer Service Act of 1973" (PL 93-113, 
Oct. 1, 1973). Title II of the Domestic Volunteer Service Act of 1973 incorporated 
many of the features of Title VI of the Older Americans Act. From the time Title VI 
was enacted in 1969 until July 1, 1971, the Retired Senior Volunteer Program and 
Foster Grandparent Program was administered by the Administration on Aging. On that 
date, Foster Grandparents and Senior Volunteer Programs were transferred to the new 
ACTION agency in accordance with the President's reorganization Plan No. 1 of 1971. 
Treated as a part of related legislation in the 1975 Amendments to the Older Americans 
Act, Title II of the Domestic Volunteer Service Act of 1973 (Older Americans Volunteer 
Program) was extended for 2 fiscal years. °^ 

TITLE VII. NUTRITION PROGRAM FOR THE ELDERLY 
Title VII, the legislative vehicle for the nutrition program for the elderly, 

on 

was added by the 1972 Amendments. Prior to the enactment of Title VII, nutrition 
for the elderly received some limited attention through research and development 
projects conducted under Title IV of the Older Americans Act. 



18 



7.1 Administration 

Responsibility for seeing that the Nutrition Program is providing the benefits 
Congress .intended rests with the Administration on Aging. In furthering the purposes 
of Title VII, the Commissioner, as the chief administrative officer of the Administration 
on Aging, is directed to consult with the Secretary of Agriculture, and to use the 
technical assistance that might be supplied by the Department of Labor, Office of 

Economic Opportunity, the Department of Housing and Urban Development, the Department 

82 

of Transportation, and other appropriate Federal Departments and Agencies. 

7.2 Allotment of Funds 

From the sums appropriated, each State is allotted an amount that bears the same 
ratio to the sums appropriated as the population 60 and over of that State bears to the 
population 60 and over in all States, subject to certain statutory guarantees that 

assure each State and Territory at least a minimum of the funds available for 

83 

distribution. The Allotment of any State may be used to pay up to 90 percent of 

the cost of projects in the State, and is made upon the condition that the State will 

84 

match the Federal grant with a 10 percent contribution. 

7.3 State Plans 

Federal assistance to State nutrition projects for the elderly will be supplied 

only if the State submits to the Commissioner (of the Administration on Aging) a State 

plan for the projects. The plan must conform to Title VII standards and criteria, and 

must be submitted in the form of an amendment to the State's plan for Social Services as 

85 

required by Title III. A single State agency must be designated as the only agency to 
administer and supervise the State's nutrition plan, and the Agency designated must be 
the same agency that is responsible for the State's Title III plan unless the Governor, 
with the approval of the Commissioner of the Administration on Aging, designates 
another agency. ^ The State plan must, among other requirements, contain assurances 
that the Federal allotment to the State will be used to make grants for nutrition 
projects to public or private nonprofit institutions, organizations, or agencies to 

provide up to 90" of the costs of food and food service, and up to 90% of the cost of 

-k...' «*" 87 jjj 

supportive social and transportation services. Up to 1973 a State was allowed to 

use up to 10°< of its nutrition plan allotment to pay administrative costs. The 1973 

Amendments provided that funds allotted for State administrative costs under Title III 

may be used for administration of the State's nutrition plan, 88 with the limitation 

that if any organization other than the State Agency on Aging has been designated to 

administer the nutrition program, the Commissioner shall determine how much of the 



19 



State's Title III funds can be used for administration of the State's nutrition 
program. Insight into the purpose of the Amendment can be obtained from the following 
Committee comment: 

"Third, wherever Title VII is a part of a Title III comprehensive system, 
funds for planning for Title VII may come from Title III appropriations. 
It is the Committee's intent that by having wherever possible only one 
planning authority for such funding, Title VII funds can be used for 
providing additional nutritional services. The Committee is disturbed 
by reports that several States have assigned administration of Title VII 
programs to agencies other than the state office of aging and suggests 
that the Commissioner has authority under section 705(a) of the Act to 
disapprove such practices." 89 

Subject to guidelines established by the Commissioner, recipients of grants of 
contracts to sponsor a nutrition project may require those elderly persons receiving 
a meal to contribute something toward defraying the cost of the meal. 9 *- 1 

Another provision of the 1975 Amendments permitted nutrition projects to be made 

a part of the Title III social services system when mutually agreed upon by Area Agencies 

and those receiving nutrition grants. 9 ^ In explaining the purpose of the Amendment, 

the following comment appears in the House Committee Report: 

"Second, provision is made for the integration of Title VII nutrition 
program into comprehensive and coordinated social service systems funded 
under Title III, but only, it should be emphasized, when such an arrange- 
ment is mutually agreed upon by both the Title III and the Title VII 
grantees. It is not the intention of the Committee to remove the special 
identity that the Title VII programs have already achieved, although we do 
encourage the integration of such projects with the comprehensive title III 
programs. "92 . 

7.4 Nutrition and Other Program Requirements 

Those receiving grants or contracts for nutrition projects must administer the 
projects in accordance with the statutory provisions and the Commissioner's regulations. 
Included in the law and regulations are requirements that nutrition project sponsors 
must agree to provide at least one hot meal a day for five or more days per week for 
individuals 60 and over, and their spouses; and to include, as a part of such project, 
recreational activities, informational, health, and welfare counseling, at least where 
such services are otherwise not available. 93 



7.5 Surplus Commodities 

The Secretary of Agriculture must donate commodities to the Title VII nutrition 
projects, and must give special emphasis to furnishing high protein foods, meats, and 
meat alternates. When the program was established, authority was given to the Secretary 
of Agriculture to donate for the purposes of the Title VII projects commodities purchased 
by him under authority of Sec. 32 of the Act of Aug. 24, 1935. 94 In 1973, language was 
added to Title VII (Sec. 707(a) (2) and (3)) to make it clear that the Secretary of 
Agriculture had authority to make donations to the Title VII Nutrition Program under 



20 



two other agricultural commodity purchase and disposal systems. Again in 1974 the 
Older Americans Act was amended; this time to require the Secretary to maintain "an 
annually programmed level of assistance of not less than 10 cents per meal."^ Another 
feature of the 1974 Amendments required the Secretary of Agriculture to issue regulations 
clarifying the use of food stamps under Title VII. 

7.6 1975 Amendments to Nutrition Program for Elderly 

In addition to making technical changes in Title VII, the 1975 Amendments added 
a subparagraph to Section 707 (surplus commodities) that directs the Secretary of 

97 

Agriculture to purchase meat and high protein foods for use in the Title VII projects. 

98 

Such sums as may be necessary are authorized to be appropriated for the new authority. 
The 1975 Amendments to Title VII also expressly state that the Secretary's donations 
under the new authority (high protein foods) shall not be considered donated commodities 
for the purpose of meeting the requirement of maintaining through donation of com- 
modities the statutory level of assistance required per meal "(initially 10 cents per 

meal, but raised to 15 cents per meal for 1976, to be supplied by the Secretary of 

99 

Agriculture through the donation of commodities)". Also the 1975 Amendments raised 
the annually programmed level of assistance from "10 cents per meal" to "15 cents per 
meal" during fiscal year ending September 30, 1976, and 25 cents per meal during the 
fiscal year ending September 30, 1977.^ Another modification made the donation of 
commodities by the Secretary of Agriculture mandatory rather than permissive. For 
States that had phased out their commodity distribution facilities before June 30, 1974, 
relief from the consequences of the phase-out is provided in the 1975 Amendments by a 
provision that allows the State to receive cash, in lieu of donated commodities, to 
further the purposes of the State's nutrition program. 

7.7 Appropriations Authorized 

Authority to appropriate funds to carry out the purposes of the nutrition program 
is contained in Section 708 of the Act, except for newly created authority for the 
donation of commodities by the Secretary of Agriculture which is contained in Sec. 707(c) 
of the Act, as amended. For Section 708, the 1974 Amendments authorized appropriations 
for fiscal years 1975, 1976, and 1977; and the 1975 Amendments authorized appropriations 
for the transitional quarter, July 1 to September 30, 1976, and Fiscal Year 1978. 101 

TITLE VIII. REPEALED (FORMERLY THE "GENERAL" TITLE) 

From the inception of the Older Americans Act, the last Title of the Act was the 

"General" title. When the Older Americans Act was signed into law in 1965, the last 

Title, or "General" Title, was Title VI. In 1969 Title VI became the "National Older 

Americans Volunteer Program," and the "General" Title was moved to Title VIII. When 



21 



the "Nutrition Program for the Elderly" was added in 1972, the "General" Title was moved 
to Title VIII and the "Nutrition Program" was included under Title VII. When the 1973 
Amendments were enacted, Title VIII was repealed, and new sections were added to Title II 
that covered the same subjects that were formerly covered in Title VIII. 

TITLE IX. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT ACT 

9.1 Legislative Development of "Older Workers Program" 

When the Older Americans Act was amended in 1975, Title IX, the "older workers 

1 0? 

program," was added to the Act. At the same time former authorization for an almost 

identical program contained in another legislative enactment was repealed. Title IX 

is patterned on an employment and job training program popularly known as Operation 

104 

Mainstream which was first authorized by the Economic Opportunity Act of 1964. The 

program was subsequently continued as a part of the "Comprehensive Employment and 

105 i . *> 

Training Act of 1973, and supplemented by the "Older American Community Service 

Employment and Training Act of 1973. 10 ^ Some further insight into the historical 

development of the program can be obtained from this comment that appeared in U. S. 

Code Congressional and Administrative News at the time of the enactment of Title IX, 

Older American Comprehensive Service Amendments of 1973: 

"The program of Community Service Employment for older workers provided 
in this Title is modeled after the pilot program successfully conducted 
by the Department of Labor under operation mainstream. The operation 
mainstream program—which was delegated to the Department of Labor--as 
part of the reorganization of the office of Economic Opportunity—provides 
for contracts with private organizations to establish community service 
employment programs for workers aged 55 or older. .. .This Title is intended 
to provide the needed opportunities by establishing an identifiable program 
within the Department of Labor to continue and expand upon the pilot program 
conducted under "operation mainstream. "107 

9.2 Project Qualifications, Matching Fund Requirement 

To promote part-time work opportunities for "unemployed low income persons who 
are fifty-five years or older and who have poor employment prospects," the Secretary 
of Labor is authorized to enter into agreements with public or private nonprofit 
agencies or organizations to pay (except in cases of emergency or disaster or in 
some economically depressed areas) not more than 90% of the cost of qualified 
projects. 108 

One of the more important project qualifications requires that services of workers 
employed in the program be performed in connection with publicly owned and operated 
facilities and projects, or projects sponsored by organizations exempt from taxation 
under the Internal Revenue Code, however, in any event services may not be performed 
in and around religious houses of worship. 109 Transportation costs of workers enrolled 
in the program are an allowable item. 110 Workers must be paid not less than the higher 
of the Federal minimum wage, State or local minimum wage, or the prevailing rates of 



22 



pay for persons employed in similar public occupations by the same employer. 111 
The Secretary of Labor is authorized to determine the amount of the Federal share, 
which may not exceed 90°' of the project cost. 11 ^ The non-Federal share may be in 
cash or in kind. 

9.3 Administration of Older Workers Program 

In awarding contracts the Secretary of Labor is authorized to consult with the 

State and Area Agencies on Aging, through the Commissioner on Aging, to help him 

1 1 -j 

assess where the need is greatest for community service projects. 1 IJ And the 
Secretary is directed to require those receiving Federal assistance to coordinate 
Title IX projects and activities with other related manpower and unemployment programs 
if such coordination would increase job opportunities. Workmen's compensation insurance 
shall be provided for older workers participating in the Title IX program, and no 
contract may be entered into with anyone who does not provide workmen's compensation 
coverage equal to that required by lawJ^ 

9.4 Interagency Cooperation 

In administering the older workers program, the Secretary of Labor is required to 
consult with and obtain the cooperation of other Federal agencies. The Secretary is 
also directed to enlist the assistance of other Federal Agencies and Departments in 
disseminating information about the older workers employment program. Among the 
agencies and departments specifically named are the Administration on Aging and the 
Department of Health, Education, and Welfare. 

9.5 Apportionment of Federal Funds 

When the older workers program, formerly authorized by the Older American 

Community Service Employment Act, was transferred to the Older Americans Act in 1975, 

changes were made in the apportionment formula. Prior to the 1975 Amendments, the 

law required that appropriations be divided among the States in the same proportion 

that the population 55 and over in a State bore to the population 55 years and over in 

all States with assurances that each State or protectorate would receive not less than 

a statutorily guaranteed amount. As amended in 1975, Title IX of the Older Americans 

Act requires the Secretary of Labor to initially reserve from the appropriation for 

the older workers program sufficient funds to maintain the 1975 level of activities 

conducted by national contractors under the Older Americans Community Service Employment 

115 

program and related work programs. In making awards to national contractors, 
preference is to be given to organizations of proven ability. After making reservations 



23 



for national contracts, any remainder of appropriated funds is to be apportioned among 
the States on the basis of a formula which takes into account the number of persons 55 
years or over in a State, and the per capita income of the State, as compared with 
the number of persons 55 years and over in all States and the National per capita income 
with further provision that all States and protectorates will be guaranteed certain 
minimum amounts. More specifically the remainder of appropriated funds will be 
distributed by giving each State an amount which bears the same ratio to the remaining 
funds as the product of persons aged 55 or over in the State times the "allotment 
percentage" of that State bears to the sum of corresponding products for all States. 
However, no state shall be allotted less than one-half of one percent of the funds remaining 
or $100,000, and the allotment percentage shall in no case be more than 75* or less than 
33-1/3%. There is a requirement that projects carried on by national contractors be 
distributed among areas within each State in an equitable manner, taking into con- 
sideration the proportion of eligible persons in a given area as compared with the total 

number of such eligible persons in the State, and the relative distribution of rural and 

lip 

urban elderly within the State. And the same requirements apply to any sums remaining, 
after reservation of funds for national contracts, which the Secretary of Labor might 
allow for projects within each State. 

9.6 Authorization to Appropriate 

Authorization is extended to appropriate funds for the older workers program for 

fiscal year 1976, the transitional quarter, 1977, and 1978. There is a further 

proviso that money appropriated for the Title IX program, included in the Older 

American Comprehensive Service Amendments of 1973, may be used for "operation mainstream" 

1 1 Q 

projects carried on under Title III of the Comprehensive Employment Training Act. 

9.7 1975 Amendments 

In the 1975 Amendments, there is some amplification of the Act's language requiring 
older worker projects to produce an increase in employment. What was implied in the 
old law is spelled out in the new provisions. In this connection there are prohibitions 
against substituting Federal funds for local funds that would otherswise have been used 
in the performance of a project, employing an eligible individual to do substantially 
the same work as a person who is on layoff, and using an eligible individual to decrease 
overtime work of other employees. ^ 

Formerly there was a requirement that in carrying out the purposes of Title IX, 
and particularly in locating suitable localities for employment projects, the Secretary 
of Labor should consult with representatives of States and their political subdivisions. 



24 



The 1975 Amendments require that such consultation be with State Agencies on Aging, and 
appropriate Area Agencies on Aging, with the consultations to be carried on through the 

121 - t *r Mil hf»e «*/ 

Commissioner of the Administration on Aging. 

At the time of the 1975 Amendments, the Act required the Secretary of Labor to 
consult and cooperate with certain Federal agency officials, including representatives 
of the Administration on Aging, in promoting and furthering the older workers program. 
The 1975 Amendments added some new language that requires the Secretary of Labor to 
"obtain the written views of, the Commissioner of the Administration on Aging prior to 
the establishment of rules or the establishment of general policy in the administration 
of this title." 122 

The 1975 Amendments require a reservation of appropriated funds for National 
contracts sufficient to maintain the 1975 level of activities carried on under National 
contracts before any formula allocation of appropriated funds is made among the 
States. 123 A new factor was introduced into the formula for allocating funds to the 
States, the "allotment percentage," which provides that the per capita income of the 

State as compared with National per capita income, shall be given weight in the 

124 

allocation formula. 

At the time of the 1975 Amendments, there was, and still is, a requirement that 
funds for employment projects be apportioned among areas within the State in an equitable 
manner, considering the ratio of eligible persons in the area to eligible persons in the 
State. The 1975 Amendments engrafted upon this provision the additional requirement 
that the relative "distribution of such individuals in rural and urban areas" should be 
considered in allocating funds within the State. ^ 

And since the 1975 Amendments transferred the "older workers program" to Title IX 
of the Older Americans Act, the enabling legislation of the predecessor program, 
Title IX of the Older American Comprehensive Service Amendments of 1973 (42 USC 3061 
et seq.) was repealed. 12 ^ 

Added by the 1975 Amendments was a provision that sums appropriated for Title IX 
of the Older American Comprehensive Services Amendments of 1973 may be used for Older 
American employment projects conducted as a part of Operation Mainstream under Title III 

1 2Q 

of the Comprehensive Employment and Training Act of 1973. 

The 1975 Amendments expanded the then existing definition of "community service" 
to make "legal and other counseling services and assistance, including tax counseling 
and assistance and financial counseling" eligible areas for Federally assisted older 
worker projects. 12 ^ 



25 



CONCLUSION 

As envisioned by the framers of the legislation, the Older Americans Act 
was intended to be the tool that would provide assistance, direction, guidance, and 
even advocacy, for older Americans. The purposes of the Act are broadly stated, 
and so encompassing that if the objectives were fully realized, the lives of nearly 
all older Americans would be touched upon and enriched. Yet as a National program 
the funding and organizational machinery have never assumed any massive proportions. 
Modest funding, and the minimal array of organizational machinery, do not accurately 
reflect the effectiveness of the program. And this is true because the program's 
delivery system is designed to magnify the effects of dollars spent. Instead of 
providing services and assistance directly, the State and Area Agencies on Aging 
in a catalytic way draw upon and coalesce the benefits of other programs and the 
resources of local public and non-profit private organizations. Multiplication of 
benefits through cooperation and coordination is the key concept in the older Americans 
program. While Congress has in the past, and will in the future examine, and reexamine, 
the older American program for conceptual and mechanical weaknesses, for the moment the 
basic idea, structure, and delivery system appear sound. 



FOOTNOTES 



1. Public Law 89-73 (July 14, 1965) (42 USC 3001 et seq.), as amended by: 
Public Law 90-42 (July 1, 1967) 

Public Law 91-69 (Sept. 17, 1969) 
Public Law 92-258 (March 22, 1972) 
Public Law 93-29 (May 3, 1973) 
Public Law 93-351 (July 12, 1974) 
Public Law 94-135 (Nov. 28, 1975) 

2. Federal Council on the Aging, "Report on Study of State Formulae for 
Funding Programs Under the Older Americans Act, p. 2 (Dec. 30, 1974) 

2a. Public Law 89-73, July 14, 1965 

3. U. S. Senate, "Developments in Aging 1965: A Report of the Special Committee 
on Aging," p. 39 (March 15, 1966). The House passed the measure (HR 3708, as 
amended) on March 31, 1965, and the bill was passed in the Senate with amendments 
on May 27, 1965. The House aqreed unanimously to the Senate amendments on July 6, 
1965. 

4. U. S. Senate, Special Committee on Aging, "Developments in Aging 1966," 
Appendix E, "The Administration on Aging 1966" by Wm. D. Bechill 

5. Public Law 90-42 (July 1, 1967) 
Public Law 91-69 (September 17, 1969) 
Public Law 92-258 (March 22, 1972) 
Public Law 93-29 (May 3, 1973) 
Public Law 93-351 (July 12, 1974) 
Public Law 94-135 (Nov. 28, 1975) 

6. Sec. 101 of the Act 

7. U. S. House of Representatives, Committee on Education and Labor, Report 
No. 93-43, p. 8 (March 2, 1973) 

8. Sec. 201(a) of the Act 

9. Sec. 202(a) of the Act 

10. Sec. 204 of the Act 

11. Sec. 204(c) of the Act. For authorization and appropriation levels see APPENDIX I 

12. Sec. 205 of the Act 

13. Public Law 93-29, May 3, 1973 

14. U. S. House of Representatives, Report No. 93-43, March 2, 1973, p. 12 

15. U. S. Senate Report, Feb. 14, 1973, Report No. 93-19, p. 3 

16. Sec. 305 of the Act 

17. Sec. 304(a) (1) of the Act. Note, however, that the language of this provision 
is affected by application of the "Intergovernmental Cooperation Act of 1968" 
(PL 90-577) which states: Notwithstanding any other Federal law which provides 
that a single State agency or multimember board or commission must be established 
or designated to administer or supervise the administration of any grant-in-aid- 
program, the head of any Federal department or agency administering such program 
may, upon request of the Governor or other appropriate executive or legislative 
authority of the State responsible for determining or revising the organizational 
structure of State government, waive the single State agency or multimember board 
or commission provision upon adequate showing that such provision prevents the 
establishment of the most effective and efficient organizational arrangements 
within the State government and approve other State administrative structure or 
arrangements: Provided, That the head of the Federal department or agency determines 
that the objectives of the Federal statute authorizing the grant-in-aid program will 
not be endangered by the use of such other State structure or arrangements. 



(27) 



28 



18. Sec. 304 of the Act 

19. Sec. 304 of the Act 

20. Sec. 303(e) of the Act 

21. Sec. 303(c) of the Act 



22. 


United States Senate, Report No. 93-19, p 


. 9 (Feb 


. 14, 1973) 


23. 


Sec . 


304(d)(1) of the Act; PL 94-135, Sec 


. 105 




24. 


Sec . 


305(a)(10) and (b); 42 USC 3025(a) and (b); 


PL 94-135, Sec. 106 


25. 


U.S. 


House of Representatives, Report No. 


94-670, 


p. 28, November 17, 1975 


26. 


U.S. 


House of Representatives, Report No. 


94-670, 


p. 28 (November 17, 1975) 


27. 


Sec . 


304(c)(4)(C) of the Act 






28. 


P.L. 


94-135, Sec. 105 (November 28, 1975) 






29. 


Sec. 


306(b)(1) of the Act which provides 


in part: 


"From the sums appropriated 



for any fiscal year under Section 303 for carrying out the purposes of this section, 
each State shall be allotted an amount which bears the same ratio to such sum as the 
population aged sixty or over in such State bears to the population aged sixty or 
over in all States . . . . " 



30. Sec. 306(b)(1) of the Act 

31 . Public Law 94-135, Sec. 107 



32. Public Law 94-135, Sec. 107(b)(2); House of Representatives of the United States, 
Conference Report No. 94-670, p. 42, (Nov. 17, 1975)--The conferees note that this 
provision is based on a substitute for a Senate amendment, saying: "The remainder of 
the Senate amendment is omitted by the conference substitute, and in lieu thereof 
the conference substitute authorizes States to apply to the Commissioner for 
authority to use funds allotted to the State under Sec. 303 for State administrative 
purposes . " 

33. Sec. 306(a)(1) of the Act; PL 91-69, Sec. 4(b), Sept. 17, 1969; the 1965 Act limited 
the Federal contribution for State plan administration to 50 percent (PL 89-73, 
Sec. 304) 

34. Sec. 308(a) of the Act 

35. Sec. 308(a) of the Act 

36. PL 94-135, Sec. 108; 42 USC 1396 

37. Sec. 306(b)(1) of the Act provides for an allocation of funds for State adminis- 
tration in accordance with a formula that allows each State to receive the same 
proportionate part of such funds as the ratio of the population aged 60 and over in 
a given State bears to the population aged 60 and over in all States with the 
qualification that no State shall receive less than $200,000 or other eligible 
governmental entities less than $62,500. 

38. Sec. 306(a)(1) of the Act. The 1965 Act (Sec. 304) limited the Federal matching 
percentage for State plan administration to 50 percent. The 1969 amendments 
(Sec. 4b; PL 91-69) raised the limit to 75 percent. 



39. Sec. 306(a)(2) of the Act 

40. Sec. 306(c) of the Act 



41. Sec, 303(b)(2) of the Act. The allotment formula provides for a distribution 
principally based upon the ratio a State's population 60 and over bears to the 
population 60 and over in all States with floors, however, to assure that each 
State and Territory will receive a minimum allotment. 



29 



42. Sec. 303(e) of the Act. Not more than IS? of the State's allotment can be used 
for the cost of administration of area plans, and not more than 20% can be used 
for social services not provided as a part of a system for which there is an area 
plan approved by the State agency. The remainder of the allotment may be used 
for social services provided as a part of a system for which there is an area plan 
approved by the State agency. 

43. Sec. 303(e) of the Act. Federal funds may be used to pay 75% of the cost of 
administration of area plans, 75% of the cost of social services not provided as 
a part of a system included in an area plan, 90% of the cost of social services 
provided as a part of a system included under an area plan. 

44. Sec. 303(a) of the Act. See APPENDIX I for Title III authorization and appro- 
priation levels. 

45. Sec. 309 of the Act (Public Law 93-351; July 12, 1974) 

46. Sec. 309(a) of the Act. See APPENDIX I for authorizations and appropriations 
for Sec. 309. 

47. U. S. House of Representatives, Report No. 93-43, p. 20 (March 2, 1973) 

48. Public Law 93-29, May 3, 1973 (Sec. 421 of the Act, as amended) 

49. Sec. 401 of the Act 

50. Sec. 402 of the Act. Customarily the Commissioner holds hearings to provide 
factual data for the preparation of his report on manpower needs. Notice of 
the hearings are published in the Federal Register. (Fed. Reqister, 3/30/76, 
p. 13388) 

51. Sec. 403 of the Act 

52. Sec. 404 of the Act, as amended 

53. Sec. 109, P.L. 94-135; amended Sec. 403 of the Act by expanding the language 
referring to "institutions of higher education" by adding "as defined in section 
1201(a) of the Higher Education Act of 1965." 

53a Sec. 110(b), P.L. 94-135; U.S. Senate Report 94-255 (June 25, 1975) p. 26 

53b Sec. 110(c) of P.L. 94-135; Sec. 404(c) of the Act, as amended 

54. Sec. 411 of the Act; this section is essentially the same as Sec. 401 of the 
Act as it read from 1965 until the 1973 amendments 

55. Sec. 412(a) of the Act; Public Law 93-29, Section 401, May 3, 1973 

56. Sec. 412(c) of the Act, as amended 

57. Sec. 412(d) of the Act, as amended. In compliance with the Congressional 
directive, the Commissioner submitted in January of 1975 the requested trans- 
portation study. The study is identified as DHEW Publication No. (0HD) 75-20081, 
"Transportation for the Elderly--The State of the Art." See also transportation 
report prepared by Subcommittee on Federal, State and Community Services of the 
Select Committee on Aging and approved for publication by full Committee June, 1976. 

58. Sec. 421 of the Act, as amended; Public Law 93-29, May 3, 1973 
58a House Report 93-43, p. 20, March 2, 1973 

59 Sec. 431 of the Act. See Appendix I for authorizations and appropriations 
for Title IV. 

60. Sec. 501(a) of the Act 

61 . Sec. 501 (c) of the Act 



30 



62. Sec. 501(a) of the Act. Title V was added to the Act by the 1973 Amendments 
(PL 93-29). Prior to the 1973 Amendments, Sec. 301 of the Act prohibited the 
use of Title III funds for costs of construction other than minor alterations 
and repairs. 

63. Sec. 502(a)(4) of the Act 

64. Sec. 502(b)(1) of the Act 

65. Sec. 504 of the Act 

66. Sec. 505(a) of the Act. See APPENDIX I for authorizations and appropriations 
for the Acquisition, Alteration, and Renovation of Multipurpose Senior Centers 

67. Sec. 506(d) of the Act 

68. Sec. 506(d) of the Act 

69. Sec. 506(e) of the Act 

70. Sec. 506(d)(3)(B) of the Act 

71. Sees. 506(g) and (h) of the Act; Subsections (e), (g), (h), (i), (j), (k), (1) and 

(n) of Sec. 207 of the National Housing Act 

72. Sec. 506(h) of the Act 

73. Sec. 506(h)(5) of the Act 

74. Sec. 507(a) of the Act 

75. Sec. 507(b) of the Act 

76. Sec. 507(b) of the Act 

77. Sec. 507(c)(1) 

78. Sec. 507(c)(2) 

79. Sec. 511(d) of the Act 

80. PL 94-135, Nov. 28, 1975. Title II of the Domestic Volunteer Service Act of 
1973 was extended for 2 years, or through fiscal year 1978, with authorizations 
as follows: R.S.V.P.--$22 million for fiscal years 1977 and 1978; Foster 
Grandparents--$35 million for fiscal years 1977 and 1978; and Senior 
Companions--$8 million for fiscal years 1977 and 1978 

81. Public Law 92-258 

82. Section 702 of the Act 

83. Section 703(a)(1) of the Act 

84. Sec. 703(c) of the Act 

85. Sec. 705(a) of the Act 

86. Sec. 705(a)(l ) of the Act 

87. Sec. 705(a)(2) 

88. Sec. 705(a)(2)(B) 

89. House of Representatives, Committee on Education and Labor, House Report 
No. 93-43, March 2, 1973, p. 24 

90. Sec. 7t)5(a)(2)(A)(ii) 



31 



91. Sec. 705(a)(5) of the Act 

92. U. S. House of Representatives, Committee on Education and Labor, House 
Report No. 93-43, March 2, 1973, p. 24 

93. Section 706 of the Act 

94. 7 USC 612c 

95. Commodity Credit Corporation, Sec. 416 of the Agricultural Act of 1949, 
7 USC 1431; Dairy Products, Sec. 709 of the Food and Agricultural Act 
of 1965, 7 USC 1446 a-1 

96. Public Law 93-351, July 12, 1975; Sec. 707(a)(4) of the Act as amended 
v 97. Sec. 111(a) of PL 94-135; Sec. 707(c)(1) of the Act 

98. Sec. 111(a) of PL 94-135; Sec. 707(c)(2) of the Act 

99. PL 94-135, Sec. 111(a); Sec. 707(c)(2) of the Act, as amended 

100. PL 94-135, Sec. 111(b); Sec. 707(a)(4) of the Act 

101. See APPENDIX I for Nutrition Program authorizations and appropriations. 
Authorization to appropriate for the donation of commodities of the 
Secretary of Agriculture is contained in Sec. 111(a) of PL 94-135; 
Sec. 707(c)(3) of the Act. 

102. Public Law 94-135, Sec. 113, Nov. 28, 1975 (42 USC 3056) 

103. Public Law 93-29, May 3, 1973; Title IX of Older American Comprehensive 
Service Amendments; 42 USC 3061 et seq. 

104. Public Law 88-452, Aug. 20, 1964 

105. Public Law 93-203, Dec. 28, 1973 (29 USC 801 et seq.) 

106. Public Law 93-29, May 3, 1973 (42 USC 3061 et seq.), Title IX 

107. U.S. Code Congr. and Admin. News (1973), p. 1352 

108. Sec. 902 of the Act; all of the program funds are currently being administered 
under five major contracts with the following organizations: Greenthumb, 
National Council on Aging, National Council of Senior Citizens, National 
Retired Teacher Association, Forest Service of U.S.D.A. 

109. Sec. 902(b)(1)(C) of the Act 

110. Sec. 902(b) ( 1 ) (L) of the Act 

111. Sec. 902(b) (1 ) ( J) of the Act; average benefit of participating workers is $2,407 
(Catalog of Federal Domestic Assistance, O.M.B., p. 514 (1975); possible work 
activity includes management, development, and conservation of parks, highways, 
and recreational areas of Federal, State and Local governments; the improvement 
and rehabilitation of community facilities; supplying social, health, and 
educational services to the poor. 



112. 


Sec. 


902(c)(1) of the Act 














113. 


Sec. 


903(a) of the Act 














114. 


Sec. 


904(b) of the Act 














115. 


Sec. 


906(a)(1) of the Act; 


Public 


Law 


94- 


135, 


Sec. 


113, Nov. 28, 1975 


116. 


Sec . 


906(a)(2) of the Act; 


Public 


Law 


94- 


135, 


Sec. 


113 


117. 


Sec. 


906(a)(3) of the Act; 


Public 


Law 


94- 


135, 


Sec. 


113 



32 



118. .Sec. 906(c) of the Act; Public Law 94-135; November 28, 1975 

119. Sec. 908 of the Act; Public Law 94-135, Sec 113, Nov. 28, 1975. For 
appropriation and authorization levels, see APPENDIX I. 

120. Sec. 902(b) (F) and (G) of the Act, as amended 
^l. Sec. 903(a) of the Act, as amended 

122. Sec. 905(a) of the Act, as amended 

123. Sec. 906(a) of the Act, 3s amended. This provision provides in part that the 
remainder is to be allotted among the States "so that each State will receive 

an amount which bears the same ratio to the remainder as the product of the number 
of persons aged 55 or over in the State and the allotment percentage of such 
State bears to the corresponding product for all States...." 

124. Section 906(a)(3) of the Act, as amended: "...the allotment percentage of 
each State shall be 100 per centum less that percentage which bears the 
same ratio to 50% as the per capita income of such State bears to the per 
capita income of the United States, except that (i) the allotment percentage 
shall in no case be more than 75 per centum or less than 33-1/3 per centum...." 

125. Sec. 906(c)(1) of the Act, as amended 

126. Sec. 906(c)(2) of the Act, as amended 

127. Sec. 908(b) of the Act, as amended 

128. Sec. 908(c) of the Act, as amended 



129. Sec. 907(3) of the Act, as amended 



APPENDIX I 



Authorization to Appropriate 
(in millions) 



***Section 



1975 



1976 TO 



1977 



1978 



Title II 



Ntl. Information 5 
Resource Clrng. House 



204c 



Administration On Aging 206c 
TITLE III 



State 5 Community Pro- 
grams On Aging 

Model Projects 

Transportation 
Projects 

TITLE IV 



303a 

308b 
309a 

Training 5 Research 431 
TITLE V 

Multipurpose Senior 
Centers : 

A- -Acquisition, alter- 505a 

ation, renovation 
B- -Mortgage Insurance, 506h5 

Interest Grants 507cl 
C--Initial Staffing Slid 

TITLE VI (Repealed) 

TITLE yil 

Nutrition Program: 
Meals $ Services 708 
Commodities (protein) 707c3 
Meals Assistance (7O7c3)707a4 

TITLE VIII (Repealed) 



TITLE IX 

Community Service 
Employment 



908 



* * 



$130 $180 $57.75 $231 $287.20 



$35 



* ft 



ft 
* 



* 
* 



* 
* 



* 



* 
* 



$150 



$200 $62.5 $200 
* * 



$ 275 



** 



ft* 



$100 $100 $37.5 $150 $ 200 



— 5T 
** 



* ft * 



"such sums as may be necessary" 

Mandated level of assistance to be furnished by the Secretary of 
Agriculture is 10 cents per meal for 1975; 15 cents per meal for 
Fiscal Year ending Sept. 30, 1976, and 25 cents per meal for fiscal 
year ending September 30, 1977. 

Sec. 112 of Public Law 94-135, November. 28, 1975, extended authorizations 
to appropriate for Fiscal Years 1976 through 1978, and the transitional 
quarter (July 1, 1976 through September 30, 1976); and Section 113 of 
Public Law 94-135 extended authorizations to appropriate for Fiscal 
Years 1976 through 1978, and the transitional quarter. 



(33) 



34 



APPENDIX I (Continued) 



Author- Appropriations (in millions) 

n. 12. /2. 

1978 



Title II 


izing 
Section 


1975 


1976 


/l. 


1976' 


/2. 
T.Q.- 1977 


Ntl. Information 5 
Resource Clearing House 


204c 












Administration On 

' v 6 iu 6 .... 

Federal Council . . 
Title III 


206c 


$4.9 
.5 


$4. 


9 

575 


.575 


.150 


State § Community 
Programs On Aging: 


303a 












State Administration 
Area Planning $ Social 
Services 
Model Projects 


308b 


$15 
$82 

$ 8 


$15 
$76 

$ 5 




17.035 
93.0 

13.8 


4.25 
31.25 

2.5 






105 


96 




123.835 


38.0 


TITLE IV 














Training § Research: 

A. Training 

B. Research 

C. Multi-Disciplinary 
Centers of Geron- 
tology 


431 


$ 8 
$ 7 


$ 8 
$ 7 




10.0 
8.0 

1.0 
19.0 


4.0 
2.0 

1.0 

O" 






15 


15 





TITLE V 

Multipurpose Sr. Centers 

A. Acquisition, alter- 505a 
ation, renovation 

B. Mtg. Ins. .Interest 506h5 
Grants 507cl 

C. Initial Staffing 511d 

TITLE VII 



5.0 



/3. /3. 
Meals § Supportive $125 $125 31.25 

Services 708 

Commodities 707 

TITLE IX /4 
Older Americans Commun- 908 $ 12 $ 30 $55.9 
ity Service Employment 



1. Public Law 94-41 (HJ Res 499) Permitted continued operation of program pending 
specific appropriations at lower of Admin, budget request or operating level of 
1975, except for Title IVA and IX which had specific levels to be maintained, 
and Title VII Avhich had an authorization for FY '76. 

2. Second Supplemental Appropriation, H.R, 13172, P.L 94-303 (June 1, 1976). 

3. Public Law 94-206; Jan. 2S , 1976 (IIR 8069) (Labor-HEW Appropriation) 

4. Public Law 94-2 66 (H.J. Res. 890) Amendment to Swine Flu Immunization Bill; 
to remain available until June 30, 1977(12 month period) 

5. Funds made available annually to the Dept. of Agriculture from duties collected under the 
customs laws, as authorized by the Agricultural Adjustment Act of 1935, Ch. 641, Sec. 32 

(7 USC 612c) have been sufficient, without the necessity for any additional appropriations, 
to support a number of special nutrition projects promoting domestic consumption of agri- 
cultural products, including donation of commodities to the Title VII program. 



o 



UNIVERSITY OF FLORIDA 



13 




3 1262 09 




1127